Bank and public holidays
Bank holidays are those created under the Banking and Financial Dealings Act 1971 and are days when financial dealings may be suspended.
The phrase ‘bank holiday’ is often used to refer to a combination of what are legally ‘bank holidays’ and ‘public holidays’. In England and Wales, there are eight bank holidays, whilst there are nine in Scotland, and ten in Northern Ireland. Whilst bank and public holidays work in largely the same way, there is a legal distinction between ‘bank’ and ‘public’ holidays.
Public holidays are common law holidays in England, Wales and Northern Ireland and include Christmas Day and Good Friday. The term ‘public holiday’ has a separate meaning in Scotland where it refers to specific local holidays.
Legal backgroundBank holidays are those created under the Banking and Financial Dealings Act 1971 and are days when financial dealings may be suspended. They include days that are specifically listed in the act as well as days that are proclaimed by the King (Royal Proclamations are usually published each summer in The Gazette).
Bank holidays are a devolved issue in Scotland, enabling the creation of a ninth bank holiday (St Andrew’s Day) in 2007. Northern Ireland has proclaimed a bank holiday to mark the Battle of Boyne, in addition to St Patrick’s Day. Christmas Day and Good Friday are “common law” public holidays in England, Wales and Northern Ireland, but are bank holidays in Scotland.
Section 1(3) of the Banking and Financial Dealings Act 1971 gives the King the power to appoint additional days as bank holidays by Royal Proclamation.
Rights to time offBank holidays are created under the Banking and Financial Dealings Act 1971 and are days when financial dealings may be suspended. There is no statutory right to a day off work on bank holidays, though most workers do get one.
A worker’s right, or lack thereof, to leave on these days will be determined by their individual employment contract. An employer may require a worker to attend work on a bank holiday if entitled to do so by the contract or industry custom.
Proposals for new bank holidaysThere have been frequent calls for the creation of an additional bank holiday, however these have been rejected due to the substantial cost to the UK economy.